Thursday, May 08, 2008 Local gov’t code says I can practice law: dad
COUNCILOR Gerardo Carillo yesterday said he is allowed under the Local Government Code to practice law even though he is serving as a Cebu City legislator.
He said this when sought for reaction on reports that the Office of the Ombudsman-Visayas is contemplating on making an inquiry on why Carillo acted as lawyer of businessman Regan King.
The National Bureau of Investigation (NBI) 7 raided last April 2 a Mandaue City warehouse where sacks of rice owned by King were stored.
Carillo represented the businessman in asking the court to quash the search warrant used in the raid.
In an interview yesterday, Carillo quoted Section 90 (b) of the code, which governs public officials practicing their profession.
“Sangguniang members may practice their professions…provided that (they) who are also members of the bar shall not…appear as counsel before any court in any civil case wherein a local government or any office, agency, or instrumentality of the government is the adverse party,” read the provision.
Authority
They also cannot “appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office.”
Carillo said there was even no accused in Regan’s case, as it was only a motion to nullify the warrant authorizing the NBI operation.
“And even if I am a councilor of the city, I know the judge will not be swayed by my appearance as counsel in a case. I don’t think it will be a basis,” he said.
He said that while he did not know the reason behind the possible inquiry on him, he could only speculate.
“But the law is clear, that I can practice my profession,” the councilor said.
The law only bars “governors, city and municipal mayors…from practicing their profession or engaging in any other occupation other than the exercise of their functions as local chief executives.”
Doctors of medicine, though, “may practice their profession even during official hours of work only on occasions of emergency. Provided, that the officials concerned do not derive monetary compensation therefrom,” it added. (RHM)
